Walgreens seeks to stop S.F. tobacco ban

SAN FRANCISCO Pharmacy seeks injunction, says other retailers not affected

Attorneys for Walgreens are seeking an emergency injunction to stop San Francisco from banning the sale of tobacco products in pharmacies.

In July, San Francisco became the first city in the nation to ban the sale of tobacco products in pharmacies such as Walgreens and Rite Aid, saying sick people getting their prescriptions filled shouldn't be faced with cancer-causing products sitting nearby.

But the ban, which is scheduled to take effect Oct. 1, doesn't extend to grocery stores or big-box stores that also have pharmacies. That's why the company wants the plan stopped, said Walgreens spokeswoman Tiffani Bruce.

"Our position is based solely on being fair across different types of retailers," she said, noting that smokers will just buy their cigarettes at another store down the block.

"Our pharmacists are trained to counsel smokers on smoking cessation products and how to go about kicking their habit," she added. "This ordinance will discourage smokers from coming to a place where they can have this type of access."

"It's one thing to say you're doing it for the convenience of your customers, but to actually sue? To say this is your right to sell the substance associated with the No. 1 cause of preventable death?" Katz said. "It's unbelievable to me."

Attorneys for Walgreens will be in San Francisco Superior Court today to get a hearing on their request for an emergency injunction to block the ban.

San Francisco's ban seems to be finding favor elsewhere. Boston health officials gave preliminary approval last week to ban cigarette sales in pharmacies, as well as on college campuses, cigar bars and hotels.

The San Francisco Board of Supervisors is scheduled to vote today on another piece of anti-smoking legislation that would restrict lighting up in a wide array of public places.